FOURTH GENERATION

CHILDREN OF JOSEPH R. BANNER AND CATHERINE KIGER i.Martha J., 5041, F (1826-1912) ii. Charles M., 5042, M (1828-1892) iv. Gideon A., 5044, M (ca1835-) Martha J. BANNER, Half 1C4R, 5041, F. Born on 4 Apr 1826 in Stokes Co.,NC. Martha J. died in Forsyth Co.,NC on 22 Jun 1912; she was 86. Buried in Westmoreland Family Cemetery, Forsyth Co.,NC. On 19 Aug 1854 when Martha J. was 28, she married Nathaniel "Gideon" WESTMORELAND, 5046, M, son of Taylor R. WESTMORELAND, 5256, M (1786-1870) & Martha "Patsy" LEDBETTER, 5257, F (1803-1844), in Forsyth Co.,NC.19 Born on 5 Aug 1828 in Stokes Co.,NC. Nathaniel "Gideon" died in Forsyth Co.,NC on 20 Mar 1911; he was 82. Buried in Westmoreland Family Cemetery, Forsyth Co.,NC. They had the following children: i. Walter E., 12910, M (1857-) ii. Jasper L., 13149, M (1860-) iii. Joseph T., 12909, M (1862-) Charles M. BANNER, Half 1C4R, 5042, M. Born on 8 Sep 1828 in Stokes Co.,NC. Charles M. died in Forsyth Co., NC on 23 Jan 1892; he was 63.18 Buried in Banner Family Cemetery, Hwy 8, Forsyth Co.,NC. 30 Jan 1892 - North Carolina, Forsyth Co., "Probate of the will of Charles M. Banner" To Annie Banner widow of Charles M. Banner, Ellen Westmoreland & her husband John Westmoreland Eratus Banner John Banner Children and Heirs at Law of Charles M. Banner, deceased. You are hereby notified that on the 13th day of February 1892 (Saturday) at 11 o'clock a.m. at my office in Winston,NC the nuncupative will of Charles M. Banner will be offered before me for formal probate at which time and place you are required to appear and show cause, if any you have, why the said will should not be duly probated and letters of administration issued. Thur. Jan 30th 1892 W. B. Stafford Clerk of Superior Court" 30 Jan 1892 - North Carolina, Forsyth County, Nuncupative will of Charles M. Banner "It is my will and desire that my two unmarried daughters Emma and Adelaide have and hold all of my property, both real and personal during their lives (words marked out) and at the death of both of them to be (word marked out) divided among my heirs."The foregoing stated is this day produced before me W. B. Stafford Clerk of Superior Court of Forsyth County by Emma and Adelaide Banner, daughters of Charles M. Banner late of Forsyth County and presented for probate as the last will and testament of the said Charles M. Banner, whereupon L. H. Hill and J.W. Fulk persons to me well known are produced as witnesses, and being by me each duly sworn the truth to say touching the executive and declarative of Charles M. Banner, each for himself deposes and says - that one and each of us were well acquainted with Charles M. Banner deceased. That said Charles M. Banner was a resident of Forsyth County North Carolina for a period of about forty years, and that he died at his own residence in said County on the 23rd day of January AD 1892. That during his last sickness and on the day before he died these deponents were present at his bed side and heard him express himself as expecting death and not able to live but a short time, and that during this conversation and while at his death bed at his own habitation, and while extremely sick with pneumonia, but as deponents believe possessed of sound mind and disposing memory, said Charles M. Banner in the presence of deponents and each of them made the following oral declarations or numcupative will, to wit: 'It is my will and desire that my two unmarried daughters Emma and Adelaide have and hold all of my property, both real and personal during their lives and at the death of both of these to be divided among my heirs.' That at the same time said Charles M. Banner called upon these deponents (both being present near his bedside) to bear witness and see to that these directions should be carried out. Sworn to & subscribed L. H. Hill before me this 30th day of J. W. Fulk January 1892. W. B. Stafford C.S. C." 3 Feb 1892 -Return of Plantiffs "Execution in full by delivering a copy to each Ellen Westmoreland, John Westmoreland, Eratus Banner, John Banner and Charity M. Banner. Feb 3rd 1892 M. E. Tenyon(?) Sheriff by J. F. Folger Deputy Fees for Sheriff $3.00" North Carolina. Forsyth Co. In our matter of the will of Charles M. Banner - "The foregoing examination of L. H. Hill and J. W. Fulk having been taken by me privately the nuncupatuve will of Charles M. Banner late of Forsyth County deceased, it is was ordered that the chldren, widow and heirs at Law of Charles M. Banner be brought before the court to show cause if any they have, why the said will shall not be admitted to probate - and letters of administration granted. And that a notice of his effect be served on said widow, children and heirs at law returnable before me at my office in Winston on the 13 day of February AD at 11 o'clock AM." W. B. Stafford [There is a signature that cannot be read?] 13 Feb 5:30** am 1891* Forsyth County in the Superior Court In the matter of the Probate of the will of Charles M. Banner "In this matter notice having been duly served on his widow and heirs at law of Charles M. Banner as required in this order heretofore made - and they having failed to appear and show cause to the continuing. It is now ordered and adjudged that the said will hereto all attached has been duly proved. It is further adjudged that the said will within the probate proceeding be recorded and that upon proper application administrators with said will annexed be granted. W. B. Stafford Clerk Superior Court Tommy W. Cauley" *This should be 1892, but the papers say 1891. ** Papers say 17:80?? 22 Jun 1893 -"Summons for Relief: J.W. Westmoreland and wife Ellen [Banner] Westmoreland, Plantiff against Emma Banner, Addie Banner, John Banner and Annie Banner, Infant and Bettie Banner, mother of Annie Banner, Defendants The State of North Carolina, To the Sheriff of Forsyth County Greeting: You are hereby commanded to summons Emma Banner, Addie Banner, John Banner, Annie Banner, and Bettie Banner (Annie Banner is an infant living with her mother Bettie Banner) the Defendants above named if they be found within your County, to appear at the office of the Clerk of the Superior Court, for the county of Forsyth on the 27th day of July 1893, and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court of said county within ten days from the date of this summons, and let them take notice that if they fail to answer the said complaint within that time, the Plaintiff will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. Given under my hand this 22nd day June 1893." W. B. Stafford Clerk of Superior Court Forsyth County 7 Jul 1898 A Petition was filed in Forsyth Co. Superior Court, NC by John W. Westmoreland and his Wife Ellen [Banner] concerning the lands of Charles M. Banner. NOTE: This was very difficult to read and below is a summary of the petition: 7 Jul 1898 - Forsyth County, Attorney for the Plantiff is Glenn D. Manly and states that - Charles Banner, decd. died intestate or without a will there are four tracts of land described below as stated #1 Tract lying on the Germanton Road near the cemetery, or 2 miles from the cemetery with a house which is 50 acres. #2 Tract which adjoins with Tract #1 contains 55 acres which was purchased by Charles Banner from John Poindexter. #3 Tract land on the Big Branch containing 34 acres which Charles received from his father[Joseph P. Banner] #4 Tract on the Buffalo Creek containing 147 acres where plantiff, John W. Westmoreland and wife Ellen [Banner] Westmoreland now live. That, Charles's son Erastus died in Aug 1892. That plantiff Ellen, defendants John, Emma, Addie, Annie are entitled to 1/5 of each as tenants in common[defined as...this is ownership by separate titles of property held concurrently. There are no rights of survivorship any any of the parties may terminate the cotenancy]. Charles purchased 143 from John Poindexter and others and Charles promised, agreed, and contracted with plantiff J. W. Westmoreland to sell part of the 143 acres to wit about 30 acres price per acre that Charles gave John Poindexter $1,036.00 per acre. That John W. Westmoreland and wife Ellen cleared about 3 acres and cleaned up 6 to 7 acres, erected one common barn, tobacco barn, corn crib and repaired buildings and improved the land to the value of $400.00. That commissioners be appointed to lay off and divide lands. Filed in Forsyth County Courthouse by John W. (X) Westmoreland and sworn before W. B. Stafford, Clerk of Superior Court. 17 Jul 1893 - The Defendants answer to the Plantiffs: Forsyth Co., NC That Charles M. Banner did have a will submitted to probate court. That Ellen is a tenant explained, about the month of Feb. 1989, Ellen and husband were tenants in common of the 143 acres of Charles Banner, that they have never paid, that they assisted in placing some improvements on said land and that rent is now due, about the sum of $300.00. That the 55 acres that belonged to John F. Poindexter was bought by John E. Banner and paid for by John E. Banner. A deed was made by R. L. Cox who sold said lands to Charles Bannner. That J. W. Westmoreland must show proof such as receipts and profits from lands. Sworn by John E. Banner. 27 Jul 1893 - Susan Banner, possible a child of John E. Banner, therefore a grandchild of Charles M. Banner enters as a defendant also. That witness tickets were paid to D. P. Steadman, $2.06, N. A. Steadman, $1.90, J. W. Fulk, $1.90 and F. M. Hartgrove, $2.06. 27 Jul 1893 - E. A. Griffin is appointed guardian to infant Annie Banner by the Forsyth County Superior Court and as guardian to Annie he also demands proof of all that J. W. Westmoreland and Ellen alleges. Signed by W. B. Stafford on 26 Jul 1893. On 21 May 1850 when Charles M. was 21, he married Hetty "Ann" TUTTLE, 5049, F, in Forsyth Co.,NC. Born in 1831 in Forsyth Co.,NC. They had the following children: i. Mary "Ellen", 5059, F (1851-) ii. Jesse W., 5259, M (1853-1854) iii. Emma E., 5061, F (1857-1936) iv. Virginia Adeline "Addie", 5062, F (1861-1923) v. John E., 5063, M (1864-1936) vi. Erastus, 5066, M (1867-1892) Gideon A. BANNER, Half 1C4R, 5044, M. Born ca 1835 in Stokes Co.,NC. On 8 Jun 1863 when Gideon A. was 28, he married Mary Ann "Annie" TUTTLE, 5048, F, daughter of William TUTTLE, 5050, M (1799-1884) & Elizabeth "Betty" MARTIN, 5051, F (ca1801-1872), in Stokes Co.,NC.10 Born on 23 May 1831 in Stokes Co.,NC. Mary Ann "Annie" died in Forsyth Co.,NC on 19 Feb 1907; she was 75. Buried in Banner Family Graveyard, Hwy 8, Forsyth Co.,NC. They had the following children: i. Parmenius/Preston Riley "P. R.", 5056, M (1865-1939) ii. Lula M., 6076, F (1869-1870) iii. Lillie, 5057, F (1875-) iv. Jasper, 5058, M (1878-)